1 of 1 SENATE DOCKET, NO. 1045 FILED ON: 1/18/2023 SENATE . . . . . . . . . . . . . . No. 188 The Commonwealth of Massachusetts _________________ PRESENTED BY: Liz Miranda _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act establishing a manicurist industry minimum standards advisory board. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkJason M. LewisFifth Middlesex2/14/2023James B. EldridgeMiddlesex and Worcester2/21/2023 1 of 3 SENATE DOCKET, NO. 1045 FILED ON: 1/18/2023 SENATE . . . . . . . . . . . . . . No. 188 By Ms. Miranda, a petition (accompanied by bill, Senate, No. 188) of Liz Miranda, Jason M. Lewis and James B. Eldridge for legislation to establish a manicurist industry minimum standards advisory board. Consumer Protection and Professional Licensure. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act establishing a manicurist industry minimum standards advisory board. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. There shall be a Manicurist Industry Minimum Standards Advisory Board 2to study and make recommendations to the senate and house of representatives, the division of 3occupational licensure, and the executive office of labor and workforce development regarding 4establishing industry-wide minimum standards on wages, benefits, working hours, training, and 5working conditions affecting the health, safety, and employment of workers in nail salons, also 6known as Manicurist salons as defined in G.L. Ch. 112, Section 87T. 7 SECTION 2. The advisory board shall consist of fifteen members: 8 3 persons who shall serve in an ex officio capacity, 1 of whom is the secretary of the 9executive office of workforce and development, or their designee, and who shall serve as chair, 1 10person of whom is the commissioner of the division of occupational licensure, or their designee, 11and 1 person of whom is the executive director of the Vietnamese American Initiative for 12Development, or their designee. 2 of 3 13 5 persons to be appointed by the governor, 1 person of whom shall be an expert in 14occupational safety and health, 1 person of whom shall be an expert in economic development 15strategies for under-resourced businesses or small business support development, and 3 of whom 16are owners of licensed shops as defined in G.L. Ch. 112, Section 87AA and none of whom was 17cited for violation of state or federal wage and hour laws in the 2 years prior to appointment, of 18which 1 of whom must be certified as a disadvantaged business enterprise at the time of 19appointment and 1 of whom employs 5 or fewer employees within the commonwealth, 1 of 20whom employs 25 or fewer employees, and 1 of whom employs fewer than 150 employees 21within the commonwealth; 22 7 persons to be appointed by the attorney general, 1 of whom is an expert in economic 23research in the manicurist industry or similar low-wage service industry, 1 of whom with a 24background in representing or organizing workers in workforce development, labor relations and 25rights, or a community support organization serving low-wage workers in the manicurist 26industry, 1 of whom with a background in training or supporting the workforce development of 27manicurists, 1 person of whom shall be an expert in women-owned, minority businesses, and 3 28of whom are employed and licensed as manicurists at the time of their appointment and reflect 29the demographic and geographic background of manicurist workers in the commonwealth, and 30who have at least 2 years of relevant experience, provided, however, that no more than 2 are 31employed or living in the city of Boston at the time of their appointment.. 32 SECTION 3. The board shall monitor, recommend, give testimony, and report on 33assessment of fair living wages and gratuities, benefits, training, and improvement of workplace 34conditions and safety in the Manicurist industry, except for the adjudication of particular claims 35or complaints. Its powers include the issuance of reports, recommendations for legislation and 3 of 3 36policies, regulations, and programs, the conducting of research, and the collecting of data from 37public and private sources. 38 Initial recommendations to the senate and house of representatives, the division of 39occupational licensure, and the executive office of labor and workforce development shall be 40submitted by the board to the clerk of the senate and the clerk of the house not more than 41eighteen months from the effective date of this act. 42 SECTION 4. Appointed members of the board shall serve for terms of 2 years and may 43be reappointed to one additional term. Members of the board shall serve without compensation 44but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of 45their official duties. Members of the board shall not be state employees under chapter 268A by 46virtue of their service on the board. To take action at a meeting, a majority of the members of the 47board present and voting shall constitute a quorum. The chair shall not vote on matters unless in 48the case of tie among voting members. 49 SECTION 5. The chair shall appoint subcommittees in order to expedite the work of the 50board; provided, however, that the chair shall appoint: (i) a subcommittee on health and safety to 51develop recommendations on workplace safety, anti-hate initiatives, access to protective 52equipment, and training, (ii) a subcommittee on the nail industry workforce to develop 53recommendations on fair wages, minimum pricing, and sustainability in the industry and (iii) a 54subcommittee on the nail salon industry to develop recommendations on promoting women and 55minority-owned businesses.